SB45-SSA2-SA5,80,74(1) Arts board. In the schedule under s. 20.005 (3) for the appropriation to 5the department of tourism under s. 20.380 (3) (a), the dollar amount for fiscal year 62025-26 is increased by $2,950,000 and the dollar amount for fiscal year 2026-27 is 7increased by $2,950,000 for general program operations of the arts board. SB45-SSA2-SA5,80,128(2) State aid for the arts. In the schedule under s. 20.005 (3) for the 9appropriation to the department of tourism under s. 20.380 (3) (b), the dollar 10amount for fiscal year 2025-26 is increased by $34,300 and the dollar amount for 11fiscal year 2026-27 is increased by $79,400 for aids for state arts organizations to 12match potential annual federal grants from the National Endowment for the Arts. SB45-SSA2-SA5,80,1613(3) Rural creative economy grant program. In the schedule under s. 1420.005 (3) for the appropriation to the department of tourism under s. 20.380 (1) (b), 15the dollar amount for fiscal year 2025-26 is increased by $1,000,000 for the 16development of a rural creative economy grant program. SB45-SSA2-SA5,80,2217(4) Marketing funding increases. In the schedule under s. 20.005 (3) for 18the appropriation to the department of tourism under s. 20.380 (1) (b), the dollar 19amount for fiscal year 2025-26 is increased by $30,000,000 to increase funding for 20tourism marketing. In the schedule under s. 20.005 (3) for the appropriation to the 21department of tourism under s. 20.380 (1) (b), the dollar amount for fiscal year 222026-27 is increased by $1,000,000 to increase funding for tourism marketing. SB45-SSA2-SA5,81,424(1) Wisconsin shares; birth to 3 program participant eligibility. The
1treatment of s. 49.155 (1m) (intro.), (a) (intro), (am), (b) (intro.), (bm), (c) 1. (intro.), 21g., and 1h., (cm) (intro.), 1., 2., and 3., (1p), (2), and (3m) (a) first applies to an 3individual who applies for benefits under s. 49.155 on the effective date of this 4subsection. SB45-SSA2-SA5,81,76(1) Transit authority property tax exemption. The treatment of s. 70.11 7(2) first applies to the property tax assessments as of January 1, 2025. SB45-SSA2-SA5,81,119(1) Unemployment insurance; deletion of waiting period. The treatment 10of ss. 108.02 (26m) and 108.04 (3) and (11) (bm) first applies to benefit years 11beginning on the effective date of this subsection. SB45-SSA2-SA5,81,1813(1) Condemnation authority for nonmotorized paths. The treatment of 14ss. 23.09 (2) (d) (intro.), 27.01 (2) (a), 27.019 (10), 27.05 (3), 27.065 (1) (a), 27.08 (2) 15(b) and (c), 32.015, 32.51 (1) (intro.), 59.52 (6) (a), 60.782 (2) (d), 61.34 (3) (a) and (b), 1662.22 (1) (a) and (b), 62.23 (17) (a) (intro.) and (am), 85.09 (2) (a), and 990.01 (2) first 17applies to condemnation proceedings in which title to the subject property has not 18vested in the condemnor on the effective date of this subsection. SB45-SSA2-SA5,81,2120(1) Payments for municipal services. The treatment of s. 25.491 (1) (c) 3. 21takes effect on July 1, 2026. SB45-SSA2-SA5,82,223(1) Diapers and feminine hygiene products. The treatment of ss. 77.51
1(3h), (3pq), and (4f), 77.52 (13), 77.53 (10), and 77.54 (78) takes effect on the first 2day of the 3rd month beginning after publication.”. SB45-SSA2-SA5,82,64(1) Unemployment insurance; deletion of waiting period. The treatment 5of ss. 108.02 (26m) and 108.04 (3) and (11) (bm) and Section 9350 (1) of this act 6take effect on the Sunday after publication. SB45-SSA2-SA5,82,107(2) Minimum wage. The treatment of ss. 104.001, 104.01 (5g), 104.01 (7m) 8and 104.045 (title) and (1), the repeal and recreate of 104.035; and the creation of ss. 9104.01 (1g) and 227.01 (13) (Lw) take effect on the first day of the 3rd month 10beginning after publication.”. SB45-SSA2-SA5,82,12112. At the appropriate places, insert the schedule for s. 20.507 from 2025 12Senate Bill 45 covering the board of commissioners of public lands. SB45-SSA2-SA5,82,161520.507 (1) (c) Payments in lieu of taxes. The amounts in the schedule A sum 16sufficient for payments in lieu of property taxes under s. 24.62 (3).”. SB45-SSA2-SA5,83,72119.36 (12) Information relating to certain employees. Unless access is 22specifically authorized or required by statute, an authority may not provide access 23to a record prepared or provided by an employer performing work on a project to
1which s. 66.0903, 103.49, or 103.50 applies, or on which the employer is otherwise 2required to pay prevailing wages, if that record contains the name or other 3personally identifiable information relating to an employee of that employer, unless 4the employee authorizes the authority to provide access to that information. In this 5subsection, “personally identifiable information” does not include an employee’s 6work classification, hours of work, or wage or benefit payments received for work on 7such a project. SB45-SSA2-SA5,83,13966.0129 (5) Bids for construction. The nonprofit corporation shall let all 10contracts exceeding $1,000 for the construction, maintenance or repair of hospital 11facilities to the lowest responsible bidder after advertising for bids by the 12publication of a class 2 notice under ch. 985. Section Sections 66.0901 applies and 1366.0903 apply to bids and contracts under this subsection. SB45-SSA2-SA5,84,51766.0901 (6) Separation of contracts; classification of contractors. In 18public contracts for the construction, repair, remodeling or improvement of a public 19building or structure, other than highway structures and facilities, a municipality 20may bid projects based on a single or multiple division of the work. Public contracts 21shall be awarded according to the division of work selected for bidding. Except as 22provided in sub. (6m), the The municipality may set out in any public contract 23reasonable and lawful conditions as to the hours of labor, wages, residence,
1character and classification of workers to be employed by any contractor, classify 2contractors as to their financial responsibility, competency and ability to perform 3work and set up a classified list of contractors. The municipality may reject the bid 4of any person, if the person has not been classified for the kind or amount of work in 5the bid. SB45-SSA2-SA5,1808Section 180. 66.0903 (1) (a), (am), (b), (cm), (dr), (em), (hm) and (im) of the 9statutes are created to read: SB45-SSA2-SA5,84,181066.0903 (1) (a) “Area” means the county in which a proposed project of public 11works that is subject to this section is located or, if the department determines that 12there is insufficient wage data in that county, “area” means those counties that are 13contiguous to that county or, if the department determines that there is insufficient 14wage data in those counties, “area” means those counties that are contiguous to 15those counties or, if the department determines that there is insufficient wage data 16in those counties, “area” means the entire state or, if the department is requested to 17review a determination under sub. (3) (br), “area” means the city, village, or town in 18which a proposed project of public works that is subject to this section is located. SB45-SSA2-SA5,84,1919(am) “Bona fide economic benefit” has the meaning given in s. 103.49 (1) (am). SB45-SSA2-SA5,84,2020(b) “Department” means the department of workforce development. SB45-SSA2-SA5,84,2121(cm) “Insufficient wage data” has the meaning given in s. 103.49 (1) (bg). SB45-SSA2-SA5,85,722(dr) “Minor service or maintenance work” means a project of public works 23that is limited to minor crack filling, chip or slurry sealing, or other minor
1pavement patching, not including overlays, that has a projected life span of no 2longer than 5 years or that is performed for a town and is not funded under s. 86.31, 3regardless of projected life span; the depositing of gravel on an existing gravel road 4applied solely to maintain the road; road shoulder maintenance; cleaning of 5drainage or sewer ditches or structures; or any other limited, minor work on public 6facilities or equipment that is routinely performed to prevent breakdown or 7deterioration. SB45-SSA2-SA5,85,98(em) “Multiple-trade project of public works” has the meaning given in s. 9103.49 (1) (br). SB45-SSA2-SA5,85,1110(hm) “Single-trade project of public works” has the meaning given in s. 103.49 11(1) (em). SB45-SSA2-SA5,85,1312(im) “Supply and installation contract” has the meaning given in s. 103.49 (1) 13(fm). SB45-SSA2-SA5,85,161566.0903 (1) (c) “Hourly basic rate of pay” has the meaning given in s. 16.856 16103.49 (1) (b), 2015 stats. SB45-SSA2-SA5,85,191866.0903 (1) (f) “Prevailing hours of labor” has the meaning given in s. 16.856 19103.49 (1) (e), 2015 stats. (c). SB45-SSA2-SA5,18320Section 183. 66.0903 (1) (g) of the statutes is repealed and recreated to read: SB45-SSA2-SA5,85,222166.0903 (1) (g) “Prevailing wage rate” has the meaning given in s. 103.49 (1) 22(d). SB45-SSA2-SA5,86,2
166.0903 (1) (j) “Truck driver” includes an owner-operator of a truck has the 2meaning given in s. 103.49 (1) (g). SB45-SSA2-SA5,86,18466.0903 (1m) (b) The legislature finds that the enactment of ordinances or 5other enactments by local governmental units requiring laborers, workers, 6mechanics, and truck drivers employed on projects of public works or on publicly 7funded private construction projects to be paid the prevailing wage rate and to be 8paid at least 1.5 times their hourly basic rate of pay for hours worked in excess of the 9prevailing hours of labor would be logically inconsistent with, would defeat the 10purpose of, and would go against the repeals spirit of this section and the repeal of 11s. 66.0904, 2009 stats., and s. 66.0903 (2) to (12), 2013 stats. Therefore, this section 12shall be construed as an enactment of statewide concern for the purposes of 13facilitating broader participation with respect to bidding on projects of public 14works, ensuring that wages accurately reflect market conditions, providing local 15governments with the flexibility to reduce costs on capital projects, and reducing 16spending at all levels of government in this state purpose of providing uniform 17prevailing wage rate and prevailing hours of labor requirements throughout the 18state. SB45-SSA2-SA5,18619Section 186. 66.0903 (2) to (12) of the statutes are created to read: SB45-SSA2-SA5,86,222066.0903 (2) Applicability. Subject to sub. (5), this section applies to any 21project of public works erected, constructed, repaired, remodeled, or demolished for 22a local governmental unit, including all of the following: SB45-SSA2-SA5,86,2323(a) A highway, street, bridge, building, or other infrastructure project. SB45-SSA2-SA5,87,4
1(b) A project erected, constructed, repaired, remodeled, or demolished by one 2local governmental unit for another local governmental unit under a contract under 3s. 66.0301 (2), 83.03, 83.035, or 86.31 (2) (b) or under any other statute specifically 4authorizing cooperation between local governmental units. SB45-SSA2-SA5,87,85(c) A project in which the completed facility is leased, purchased, lease 6purchased, or otherwise acquired by, or dedicated to, a local governmental unit in 7lieu of the local governmental unit contracting for the erection, construction, repair, 8remodeling, or demolition of the facility. SB45-SSA2-SA5,87,129(d) A road, street, bridge, sanitary sewer, or water main project in which the 10completed road, street, bridge, sanitary sewer, or water main is acquired by, or 11dedicated to, a local governmental unit, including under s. 236.13 (2), for ownership 12or maintenance by the local governmental unit. SB45-SSA2-SA5,88,213(3) Prevailing wage rates and hours of labor. (am) A local governmental 14unit, before making a contract by direct negotiation or soliciting bids on a contract 15for the erection, construction, remodeling, repairing, or demolition of any project of 16public works, shall apply to the department to determine the prevailing wage rate 17for each trade or occupation required in the work contemplated. The department 18shall conduct investigations and hold public hearings as necessary to define the 19trades or occupations that are commonly employed on projects of public works that 20are subject to this section and to inform itself of the prevailing wage rates in all 21areas of the state for those trades or occupations, in order to determine the 22prevailing wage rate for each trade or occupation. The department shall issue its
1determination within 30 days after receiving the request and shall file the 2determination with the requesting local governmental unit. SB45-SSA2-SA5,88,93(ar) The department shall, by January 1 of each year, compile the prevailing 4wage rates for each trade or occupation in each area. The compilation shall, in 5addition to the current prevailing wage rates, include future prevailing wage rates 6when those prevailing wage rates can be determined for any trade or occupation in 7any area and shall specify the effective date of those future prevailing wage rates. 8If a project of public works extends into more than one area, the department shall 9determine only one standard of prevailing wage rates for the entire project. SB45-SSA2-SA5,88,1710(av) In determining prevailing wage rates under par. (am) or (ar), the 11department may not use data from projects that are subject to this section, s. 103.49 12or 103.50, or 40 USC 3142 unless the department determines that there is 13insufficient wage data in the area to determine those prevailing wage rates, in 14which case the department may use data from projects that are subject to this 15section, s. 103.49 or 103.50, or 40 USC 3142. In determining prevailing wage rates 16under par. (am) or (ar), the department may not use data from any construction 17work that is performed by a local governmental unit or a state agency. SB45-SSA2-SA5,89,318(bm) Any person may request a recalculation of any portion of an initial 19determination within 30 days after the initial determination date if the person 20submits evidence with the request showing that the prevailing wage rate for any 21given trade or occupation included in the initial determination does not represent 22the prevailing wage rate for that trade or occupation in the area. The evidence shall 23include wage rate information reflecting work performed by individuals working in
1the contested trade or occupation in the area during the current survey period. The 2department shall affirm or modify the initial determination within 15 days after 3the date on which the department receives the request for recalculation. SB45-SSA2-SA5,89,174(br) In addition to the recalculation under par. (bm), the local governmental 5unit that requested the determination under this subsection may request a review 6of any portion of a determination within 30 days after the date of issuance of the 7determination if the local governmental unit submits evidence with the request 8showing that the prevailing wage rate for any given trade or occupation included in 9the determination does not represent the prevailing wage rate for that trade or 10occupation in the city, village, or town in which the proposed project of public works 11is located. That evidence shall include wage rate information for the contested 12trade or occupation on at least 3 similar projects located in the city, village, or town 13where the proposed project of public works is located and on which some work has 14been performed during the current survey period and which were considered by the 15department in issuing its most recent compilation under par. (ar). The department 16shall affirm or modify the determination within 15 days after the date on which the 17department receives the request for review. SB45-SSA2-SA5,90,718(dm) A local governmental unit that is subject to this section shall include a 19reference to the prevailing wage rates determined by the department and to the 20prevailing hours of labor in the notice published for the purpose of securing bids for 21the project of public works. Except as otherwise provided in this paragraph, if any 22contract or subcontract for a project of public works is entered into, the prevailing 23wage rates determined by the department and the prevailing hours of labor shall be
1physically incorporated into and made a part of the contract or subcontract. For a 2minor subcontract, as determined by the department, the department shall 3prescribe by rule the method of notifying the minor subcontractor of the prevailing 4wage rates and prevailing hours of labor applicable to the minor subcontract. The 5prevailing wage rates and prevailing hours of labor applicable to a contract or 6subcontract may not be changed during the time that the contract or subcontract is 7in force. SB45-SSA2-SA5,90,98(e) No contractor, subcontractor, or contractor’s or subcontractor’s agent that 9is subject to this section may do any of the following: SB45-SSA2-SA5,90,12101. Pay an individual performing the work described in sub. (4) less than the 11prevailing wage rate in the same or most similar trade or occupation determined 12under this subsection. SB45-SSA2-SA5,90,17132. Allow an individual performing the work described in sub. (4) to work a 14greater number of hours per day or per week than the prevailing hours of labor, 15unless the contractor, subcontractor, or contractor’s or subcontractor’s agent pays 16the individual for all hours worked in excess of the prevailing hours of labor at a 17rate of at least 1.5 times the individual’s hourly basic rate of pay. SB45-SSA2-SA5,90,2318(4) Covered employees. (a) Subject to par. (b), any person subject to this 19section shall pay all of the following employees the prevailing wage rate determined 20under sub. (3) and may not allow such employees to work a greater number of hours 21per day or per week than the prevailing hours of labor, unless the person pays the 22employee for all hours worked in excess of the prevailing hours of labor at a rate of 23at least 1.5 times the employee’s hourly basic rate of pay: SB45-SSA2-SA5,91,2
11. All laborers, workers, mechanics, and truck drivers employed on the site of 2a project of public works that is subject to this section. SB45-SSA2-SA5,91,832. All laborers, workers, mechanics, and truck drivers employed in the 4manufacturing or furnishing of materials, articles, supplies, or equipment on the 5site of a project of public works that is subject to this section or from a facility 6dedicated exclusively, or nearly so, to a project of public works that is subject to this 7section by a contractor, subcontractor, agent, or other person performing any work 8on the site of the project. SB45-SSA2-SA5,91,169(b) A laborer, worker, mechanic, or truck driver who is employed to process, 10manufacture, pick up, or deliver materials or products from a commercial 11establishment that has a fixed place of business from which the establishment 12supplies processed or manufactured materials or products or from a facility that is 13not dedicated exclusively, or nearly so, to a project of public works that is subject to 14this section is not entitled to receive the prevailing wage rate determined under 15sub. (3) or to receive at least 1.5 times his or her hourly basic rate of pay for all hours 16worked in excess of the prevailing hours of labor unless any of the following applies: SB45-SSA2-SA5,91,21171. The laborer, worker, mechanic, or truck driver is employed to go to the 18source of mineral aggregate such as sand, gravel, or stone and deliver that mineral 19aggregate to the site of a project of public works that is subject to this section by 20depositing the material directly in final place, from the transporting vehicle or 21through spreaders from the transporting vehicle. SB45-SSA2-SA5,92,2222. The laborer, worker, mechanic, or truck driver is employed to go to the site 23of a project of public works that is subject to this section, pick up excavated material
1or spoil from the site of the project, and transport that excavated material or spoil 2away from the site of the project. SB45-SSA2-SA5,92,43(c) A person subject to this section shall pay a truck driver who is an owner-4operator of a truck separately for his or her work and for the use of his or her truck. SB45-SSA2-SA5,92,55(5) Nonapplicability. This section does not apply to any of the following: SB45-SSA2-SA5,92,126(a) A single-trade project of public works for which the estimated project cost 7of completion is less than $48,000, a multiple-trade project of public works for which 8the estimated project cost of completion is less than $100,000, or, in the case of a 9multiple-trade project of public works erected, constructed, repaired, remodeled, or 10demolished by a private contractor for a city or village having a population of less 11than 2,500 or for a town, a multiple-trade project of public works for which the 12estimated project cost of completion is less than $234,000. SB45-SSA2-SA5,92,1613(b) Work performed on a project of public works for which the local 14governmental unit contracting for the project is not required to compensate any 15contractor, subcontractor, contractor’s or subcontractor’s agent, or individual for 16performing the work. SB45-SSA2-SA5,92,1817(c) Minor service or maintenance work, warranty work, or work under a 18supply and installation contract. SB45-SSA2-SA5,92,2119(f) A project of public works involving the erection, construction, repair, 20remodeling, or demolition of a residential property containing 2 dwelling units or 21less. SB45-SSA2-SA5,93,422(g) A road, street, bridge, sanitary sewer, or water main project that is a part 23of a development in which not less than 90 percent of the lots contain or will contain
12 dwelling units or less, as determined by the local governmental unit at the time of 2approval of the development, and that, on completion, is acquired by, or dedicated 3to, a local governmental unit, including under s. 236.13 (2), for ownership or 4maintenance by the local governmental unit. SB45-SSA2-SA5,93,105(8) Posting. A local governmental unit that has contracted for a project of 6public works shall post the prevailing wage rates determined by the department, 7the prevailing hours of labor, and the provisions of subs. (10) (a) and (11) (a) in at 8least one conspicuous place on the site of the project that is easily accessible by 9employees working on the project, or, if there is no common site on the project, at the 10place normally used by the local governmental unit to post public notices. SB45-SSA2-SA5,93,1911(9) Compliance. (a) When the department finds that a local governmental 12unit has not requested a determination under sub. (3) (am) or that a local 13governmental unit, contractor, or subcontractor has not physically incorporated a 14determination into a contract or subcontract as required under this section or has 15not notified a minor subcontractor of a determination in the manner prescribed by 16the department by rule promulgated under sub. (3) (dm), the department shall 17notify the local governmental unit, contractor, or subcontractor of the 18noncompliance and shall file the determination with the local governmental unit, 19contractor, or subcontractor within 30 days after the notice. SB45-SSA2-SA5,94,220(b) Upon completion of a project of public works and before receiving final 21payment for his or her work on the project, each agent or subcontractor shall 22furnish the contractor with an affidavit stating that the agent or subcontractor has
1complied fully with the requirements of this section. A contractor may not 2authorize final payment until the affidavit is filed in proper form and order. SB45-SSA2-SA5,94,173(c) Upon completion of a project of public works and before receiving final 4payment for his or her work on the project, each contractor shall file with the local 5governmental unit authorizing the work an affidavit stating that the contractor has 6complied fully with the requirements of this section and that the contractor has 7received an affidavit under par. (b) from each of the contractor’s agents and 8subcontractors. A local governmental unit may not authorize a final payment until 9the affidavit is filed in proper form and order. If a local governmental unit 10authorizes a final payment before an affidavit is filed in proper form and order or if 11the department determines, based on the greater weight of the credible evidence, 12that any person performing the work specified in sub. (4) has been or may have been 13paid less than the prevailing wage rate or less than 1.5 times the hourly basic rate 14of pay for all hours worked in excess of the prevailing hours of labor and requests 15that the local governmental unit withhold all or part of the final payment, but the 16local governmental unit fails to do so, the local governmental unit is liable for all 17back wages payable up to the amount of the final payment. SB45-SSA2-SA5,95,218(10) Records; inspection; enforcement. (a) Each contractor, 19subcontractor, or contractor’s or subcontractor’s agent that performs work on a 20project of public works that is subject to this section shall keep full and accurate 21records clearly indicating the name and trade or occupation of every individual 22performing the work described in sub. (4) and an accurate record of the number of
1hours worked by each of those individuals and the actual wages paid for the hours 2worked. SB45-SSA2-SA5,95,113(b) The department or the contracting local governmental unit may demand 4and examine, and every contractor, subcontractor, and contractor’s or 5subcontractor’s agent shall keep, and furnish upon request by the department or 6local governmental unit, copies of payrolls and other records and information 7relating to the wages paid to individuals performing the work described in sub. (4) 8for work to which this section applies. The department may inspect records in the 9manner provided in ch. 103. Every contractor, subcontractor, or agent performing 10work on a project of public works that is subject to this section is subject to the 11requirements of ch. 103 relating to the examination of records.
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